Anonymous v Gerald R. and Michael Z. .

Motion No: M-702

Slip Opinion No: 2017 NYSlipOp 67171(U)

Decided on March 15, 2017

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

March 15, 2017

Anonymous,

Plaintiff-Appellant, SEALED

v

Gerald R., and Michael Z.,

Defendants-Respondents.

Plaintiff-appellant having moved to enlarge the record on appeal to include a certain letter, dated October 2, 2013, that respondents sent to Judge Singh, to enlarge the time to perfect the appeal, and placing the appeal on the same day calendar

as the consolidated appeals in the action Romanoff, et al., v. Romanoff, et al., Index No. 151160/14, Cal. No. 1876, currently scheduled to be heard in on March 8, 2017, by adjourning those appeals to the May 2017 Term, and enlarging plaintiff's time to perfect the instant appeal to the same Term, (M-607), And, defendant, Michael Z., having cross-moved to dismiss plaintiff's appeal (M-702), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that plaintiff's motion is granted to the extent of enlarging the record on appeal to include Exhibit 4

to the Haddad Affirmation and to enlarge the time to perfect

the appeal to the September 2017 Term, and is otherwise denied

(M-607). Defendant's cross motion to dismiss is denied without prejudice to addressing the arguments raised directly on appeal. ENTERED: March 15, 2017

_____________________ CLERK

Present: Hon. Peter Tom, Justice Presiding, Rolando T. Acosta Rosalyn H. Richter Sallie Manzanet-Daniels Marcy L. Kahn, Justices

M-702

M-607

Index No. 650152/11